Terms of Service

Terms of Service

Welcome to the NeuroSky.com website (the “Site”). PLEASE READ THESE TERMS OF USE
(the “Terms”) CAREFULLY BEFORE USING THIS SITE OR ANY APPLICATIONS OR SERVICES AVAILABLE
ON THIS SITE. This site is subject to the Terms, which may be updated by NeuroSky, Inc.
(“We “Us” or “NeuroSky”) from time to time without notice to you. In addition, you
shall be subject to any posted guidelines or rules applicable to the Site which
may be posted from time to time. Therefore, you should check periodically the terms
of use posted on the Site for any updates or changes. All such guidelines or rules
are hereby incorporated by reference into these Terms. If you do not agree to the
Terms, do not use the Site or any applications or services

General Use Restrictions

NeuroSky provides applications, products, content, and other services through the
Site. Certain information, documents, applications, products, and services provided
on and through the Site, including content, trademarks, logos, graphics, and images
that are not Submissions (as defined below) (collectively, the “Materials”) are
provided to you by NeuroSky and are the copyrighted work of NeuroSky or NeuroSky’s
contributors. Except as expressly provided herein, NeuroSky grants you a limited,
personal, non-exclusive, and non-transferable license to use and display the Materials
and use the services and the Site solely for your personal use if you are an individual
and solely for business use if you are an organization or agent of your organization.
Except as expressly set forth herein, you acknowledge and agree that you have no
right to modify, edit, copy, reproduce, create derivative works of, alter, enhance
or in any way exploit any of the Materials in any manner. This limited license terminates
automatically, without notice to you, if you breach any of these Terms. Upon termination
of this limited license, you agree to immediately destroy any downloaded or printed
Materials. Except as stated herein, you acknowledge that you have no right, title
or interest in or to the Site or any Materials on any legal basis.

Postings and Submissions

1. Postings – You acknowledge that you are responsible for the
information and material that you post to the Site (a “Posting”) through posting
areas and blogs, and that you, and not NeuroSky, will have full responsibility for
such Posting, including its legality, reliability, appropriateness, originality
and copyright. NeuroSky does not claim any ownership rights in any Posting that
you submit, post, or display on or through the Site. Unless otherwise explicitly
stated herein, you agree that any Posting provided by you is on a non-proprietary
and non-confidential basis. You agree that NeuroSky shall be free to use or disseminate
a Posting on an unrestricted basis for any purpose and if you submit information
to the Site, you grant NeuroSky a non-exclusive (meaning you are free to license
the content of your Posting to anyone else in addition to NeuroSky), fully-paid
and royalty-free (meaning that NeuroSky is not required to pay you for the use on
the Site of the content of the Posting that you post), sublicensable (so that NeuroSky
is able to, among other things, use its affiliates and subcontractors such as Internet
content delivery networks to provide the Site), and worldwide (because the Internet
and the Site are global in reach) to link to, utilize, use, copy, exploit, and prepare
derivative works of the Posting, provided that NeuroSky agrees to use any personally
identifiable information included in your Posting in accordance with NeuroSky’s
Privacy Policy.

2. Submissions – Notwithstanding a Posting which you submit to
the Site and over which you retain full responsibility, including over its legality,
reliability, appropriateness, originality and copyright, to the extent that you
submit to NeuroSky any ideas, content, suggestions, information or feedback concerning
the Materials, including, but not limited to, programs and applications that you
develop and submit via e-mail (“Submissions”), such Submissions will be the sole
and exclusive property of NeuroSky. You hereby assign, transfer and convey to NeuroSky,
its successors, assigns, agents, and licensees, all worldwide right, title and interest
in and to all intellectual property rights in the Submissions or any portion thereof,
in any form of medium, expression or technology now known or hereafter known or
developed, all contract and licensing rights, and all claims and causes of action
with respect to any of the foregoing, whether now known or hereafter to become known.
You represent and warrant that (i) you are the sole owner of any intellectual property
rights in the Submissions you provide to NeuroSky; (ii) you have the full and exclusive
right to convey the entire interest in and to the Submissions; and (iii) to the
best of your knowledge, the Submissions do not infringe any copyright, trade secret,
patent or other intellectual property right.

You covenant and agree to cooperate with NeuroSky to enable NeuroSky to obtain,
sustain, enforce and enjoy to the fullest extent all right, title and interest herein
conveyed.

User Information

We may use the information it obtains relating to you, including your IP address,
name, mailing address, email address and use of the Site, for our internal business
and marketing purposes and may disclose the information to third parties for such
purposes. Our privacy policy [**hyperlink to this**] goes into more detail about
the use of your information, and the privacy policy is incorporated by reference
into the Terms

Third Party Content

Certain information and content may be provided by third party licensors and suppliers
to NeuroSky (“Third Party Content”). The Third Party Content is, in each case, the
copyrighted work of the creator/licensor. Unless you have permission from the owner
of the Third Party Content, you agree to only display the Third Party Content on
your personal computer solely for your personal or business use. You acknowledge
and agree that you have no right to download, cache, reproduce, modify, display
(except as set forth in this paragraph), edit, alter or enhance any of the Third
Party Content in any manner unless you have permission from the owner of the Third
Party Content. NEUROSKY DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES
AND CONDITIONS WITH REGARD TO THIRD PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO,
ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NONINFRINGEMENT.

Links to Third Party Sites

This Site may provide links to other web sites or resources over which NeuroSky
does not have control (“External Web Sites”). Such links do not constitute an endorsement
by NeuroSky of those External Web Sites. You acknowledge that NeuroSky is providing
these links to you only as a convenience and further agree that NeuroSky is not
responsible for the content of such External Web Sites. Your use of External Web
Sites is subject to the terms of use and privacy policies located on the linked
to External Web Sites.

Posting Etiquette

NeuroSky asks that you respect our on-line community and other individuals. When
submitting Submissions to or otherwise using the Site and/or the services, you agree
not to:
• Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights
(such as rights of privacy and publicity) of others.
• Impersonate or represent NeuroSky, our staff or other industry professionals.
• Impersonate any other person or entity, or misrepresent your identity or that
of your company
• Solicit a member’s password or other account information.
• Harvest user names, addresses, or email addresses for any purpose other than to
conduct NeuroSky business.
• Use racially, ethnically, or otherwise offensive language.
• Incite illegal activity.
• Use explicit/obscene language or solicit/post sexually explicit images (actual
or simulated).

This list of prohibitions is an example and is not complete or exclusive. These
prohibitions do not require NeuroSky to monitor or remove any Submissions or other
information submitted by you or any other user. NeuroSky reserves the right to terminate
your access to your account, your ability to access and post to the Site, or to
receive the services, or remove your Submissions, with or without cause and with
or without notice, or for any action that NeuroSky determines is inappropriate or
disruptive to the Site, services or to any other user of the Site and/or services.
You hereby agree to waive any claims against NeuroSky and its affiliates, contractors,
agents, and employees for losses, damages and injuries for which are based on or
relate to communications or materials made available to the Site or posted on the
Site by persons other than NeuroSky. NeuroSky may report to law enforcement authorities
any actions that may be illegal and any reports it receives of such conduct. When
legally required or at NeuroSky’s discretion, NeuroSky will cooperate with law enforcement
agencies in any investigation of alleged illegal activity on the Site.

Password and Security

You may need a password to login to the Site and use certain functions and areas
within the Site (“Restricted Areas”). If you are an authorized member of the Restricted
Areas, you are responsible for maintaining the confidentiality of your password
and account, and agree to notify NeuroSky if your password is lost, stolen, or disclosed
to an unauthorized third party or otherwise may have been compromised. You are responsible
for activities that occur under your account. You agree to immediately notify NeuroSky
of any unauthorized use of your account or any other breach of security in relation
to the Site known to you. You will not use other members’ contact information gathered
from Restricted Areas of the Site for commercial purposes.

You acknowledge, consent and agree that we may access, preserve, and disclose your
account information and Material if required to do so by law or in a good faith
belief that such access preservation or disclosure is reasonably necessary to: (a)
comply with legal process; (b) enforce these Terms; (c) respond to claims that any
Materials violates the rights of third-parties; (d) respond to your requests for
customer service; or (e) protect the rights, property, or personal safety of us,
our users and the public.

You understand that the technical processing and transmission involved in interacting
with the Site, including the transmission of Materials, may involve (a) transmissions
over various networks; and (b) changes to conform and adapt to technical requirements
of connecting networks or devices.

You understand that the Site may include security components that permit digital
materials to be protected, and use of these materials is subject to usage rules
set by us and/or content providers who provide content to the Site. You may not
attempt to override or circumvent any of the usage rules embedded into the Site.

Unauthorized Sites

Unauthorized use of any Materials or Third Party Content contained on this Site
may violate certain laws and regulations. You shall indemnify and hold NeuroSky
and its officers, directors, employees, affiliates, agents, licensors, and business
partners harmless from and against any and all costs, damages, liabilities, and
expenses (including attorneys’ fees) NeuroSky or any other indemnified party suffers
in relation to, arising from, or for the purpose of avoiding, any claim or demand
from a third party that your use of the Site or the use of the Site by any person
using your user name and/or password (including without limitation your participation
in the posting areas) violates any applicable law or regulation, or the rights of
any third party.

Trademarks

NeuroSky is a trademark of NeuroSky in the United States. All other trademarks,
names, and logos on this Site are the property of their respective owners.

Copyrights and Copyright Agents

NeuroSky respects the intellectual property of others, and we ask you to do the
same. NeuroSky may, in appropriate circumstances and at our discretion, terminate
service and/or access to the Site or Restricted Areas of the Site to users who infringe
the intellectual property rights of others. If you believe that your work is the
subject of copyright infringement and appears on our Site, please provide NeuroSky’s
copyright agent the following information:
• an electronic or physical signature of the person authorized to act on behalf
of the owner of the copyright’s interest;
• a description of the copyrighted work that you claim has been infringed, including
the URL (i.e., web page address) of the location where the copyrighted work exists
or a copy of the copyrighted work;
• a description of the specific location on the Site where the material that you
claim is infringing is located;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is
not authorized by the copyright owner, its agent, or the law;
• a statement by you, made under penalty of perjury, that the above information
in your notice is accurate and that you are the copyright owner or authorized to
act on the copyright owner’s behalf.

NeuroSky’s agent for notice of claims of copyright infringement on this Site
can be reached as follows:

Disclaimer of Warranties

Your use of this Site and/or the services is at your own risk. Neither the Materials
nor the Third Party Content have been verified or authenticated in whole or in part
by NeuroSky, and they may include inaccuracies or typographical errors. NeuroSky
does not warrant the accuracy or timeliness of the Materials or the Third Party
Content contained on this Site. NeuroSky has no liability for any errors or omissions
in the Materials and/or the Third Party Content, whether provided by NeuroSky or
our licensors.

NEUROSKY, ON ITS OWN BEHALF AND THAT OF ITS LICENSORS, MAKES NO EXPRESS, IMPLIED
OR STATUTORY REPRESENTATIONS, WARRANTIES OR GUARANTEES IN CONNECTION WITH THE SITE,
THE SERVICES OR ANY MATERIALS, THIRD PARTY CONTENT OR SUBMISSIONS, RELATING TO THE
QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL
CONTAINED ON THE SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS, THE THIRD PARTY
CONTENT AND THE SUBMISSIONS OF OTHER VISITORS TO THE SITE. UNLESS OTHERWISE EXPLICITLY
STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, THE SERVICES,
MATERIALS, THIRD PARTY CONTENT, SUBMISSIONS, AND ANY INFORMATION OR MATERIAL CONTAINED
ON THE SITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE,” AND “WHERE-IS” BASIS
WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. NEUROSKY DOES NOT PROVIDE ANY
WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER
BY OTHER MEMBERS OR THROUGH YOUR USE OF ANY SUBMISSIONS.

Limitation of Liability

NEUROSKY SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES RESULTING
FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIAL ON THE SITE OR RELATING
TO YOUR SUBMISSIONS. IN NO EVENT SHALL NEUROSKY BE LIABLE TO YOU OR ANY THIRD PARTY
FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE)
HOWEVER ARISING, EVEN IF NEUROSKY KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.

Local Laws; Export Control

NeuroSky controls and operates this Site from its headquarters in the United States
and the Materials may not be appropriate or available for use in other locations.
If you use this Site outside the United States, you are responsible for following
applicable local laws.

General

If you violate these Terms, NeuroSky may terminate your access to the Site or Restricted
Areas without notice. NeuroSky prefers to advise you of your inappropriate behavior
and recommend any necessary corrective action. However, certain violations of these
Terms, as determined by NeuroSky, will result in the immediate termination of your
access to the Site or Restricted Areas. NeuroSky has the right to terminate any
password-restricted account for any reason. California state law and U.S. federal
law, without regard to the choice or conflicts of law provisions, will govern these
Terms. Any disputes relating to these Terms or the Site will be heard in the courts
located in California. If any of these Terms is found to be inconsistent with applicable
to law, then such term shall be interpreted to reflect the intentions of the parties,
and no other terms will be modified. NeuroSky’s failure to enforce any of these
Terms is not a waiver of such term. The Terms are the entire agreement between you
and NeuroSky and supersede all prior or contemporaneous negotiations, discussions
or agreements between you and NeuroSky about the Site.

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